Scotland Bill

Lady Saltoun of Abernethy Excerpts

Wednesday 28th March 2012 Lords Chamber

Moved by

[Lady Saltoun of Abernethy]

9: Clause 21, page 14, line 8, leave out “Scottish Crown Estate Commissioner” and insert “Crown Estate Commissioner with special responsibility for Scotland”

[Lady Saltoun of Abernethy]

My Lords, I shall speak also to Amendment 10, which is almost identical. Noble Lords will no doubt remember that in Committee we had considerable discussion about the phrase “Scottish Crown Commissioner”. There was a little problem. If he were called the Scottish Crown Commissioner, he would not have been able to take part in anything concerning England, Wales or Northern Ireland. This was not thought desirable. We discussed the matter for a bit and then I had an idea—I suggested the phrase “Commissioner with special responsibility for Scotland”. To my amazement, this appeared to find favour with the noble and learned Lord, so I put it down as an amendment for Report stage. I beg to move.

[Lord Forsyth of Drumlean]

My Lords, we have been singularly unsuccessful in getting my noble and learned friend to accept any amendments so far in the long consideration of the Bill, but here is one that he cannot possibly refuse to accept. He is surely not going to argue on the basis of syntax that he could not accept the noble Lady’s very sensible common-sense amendment, which I have great pleasure in supporting.

--- Later in debate ---

[Lord Wallace of Tankerness]

My Lords, Amendments 9 and 10, tabled by the noble Lady, Lady Saltoun of Abernathy, and supported by the noble Lord, Lord Browne, and his colleagues, would change the name of the Scottish Crown Estate Commissioner to the Crown Estate Commissioner with special responsibility for Scotland. As the noble Lady indicated in moving her amendments, she made that suggestion in the Committee stage debate. I indicated at the time that I found the suggestion helpful and committed to reflecting further on the proposal.

I confirm that the Government’s original name included in the Bill was taken from the commission’s own proposals and discussed with the Crown Estate. However, the Government are happy to accept the proposal from the noble Lady. As indicated by the noble and learned Lord, Lord Cameron of Lochbroom, we believe that the revised name—it is not a question of whether it came from the Cross Benches rather than the Opposition—will properly reflect the role that that commissioner will play. That role will not be exclusively for Scotland; indeed, contributions to our debate in Committee from people with experience, such as the noble Lord, Lord Curry, indicated the value of having commissioners who would have responsibilities across the United Kingdom. We are therefore wiling to accept Amendments 9 and 10. As the noble Lord, Lord Browne, has indicated that he does not intend to move Amendment 11, the mode of appointment would seem to be acknowledged and accepted.

[Lady Saltoun of Abernethy]

My Lords, I have been in this House for 32 years and this is only the second time that I have had an amendment accepted. I am delighted.

Amendment 9 agreed.

Moved by

[Lady Saltoun of Abernethy]

10: Clause 21, page 14, line 13, leave out “Scottish Crown Estate Commissioner” and insert “Crown Estate Commissioner with special responsibility for Scotland”

Scotland Bill

Lady Saltoun of Abernethy Excerpts

Tuesday 28th February 2012 Lords Chamber

[Lord Wallace of Tankerness]

For the reasons given by my noble friend Lord Maclennan of Rogart, the Duke of Atholl may not actually have come from Scotland but may have had a lot to contribute. If someone has a bright idea that squares all these circles, I would be interested to hear from them.

[Lady Saltoun of Abernethy]

My Lords, would perhaps “Crown Estate Commissioner with special responsibility for Scotland” solve all the problems?

[Lord Wallace of Tankerness]

The noble Lady’s suggestion certainly sounds much more promising. It could mean that we were not putting an artificial restriction on the role that that person could play on the board as a whole. As other noble Lords have indicated in this debate, the contribution made by the Crown Estate commissioner who currently has responsibilities of a Scottish nature has been very important to the overall working of the board. If we were to limit it by territory, there are parts of the United Kingdom where the Crown Estate does not necessarily have any activity and therefore it would become very unfortunate. I shall reflect on what the noble Lady has said. It was a helpful suggestion that reflects the fact that the person ought to have a knowledge of Scotland and be able to make a contribution on it, but they should also have a broader expertise that they can bring to the work of the board. That is what we are seeking to achieve.

--- Later in debate ---

[Viscount Younger of Leckie]

I take my noble friend’s point, which is a good one that should be discussed. It brings up the point about discussions going on north and south of the border concerning that issue. One point to make is that a recent survey highlighted the fact that 79 per cent of Scots were in favour of lowering the limit.

Finally, as has been mentioned, if Scottish Ministers did decide to change either speed limits or breath test levels north of the border, there need to be certain safeguards in place. For example, if an English driver commits a serious offence in Scotland, it is imperative that a disqualification remains in place when he returns home. There is form on this. In 1998, for example, there was an agreement of co-operation between the Republic of Ireland and 13 member states of the European Union over disqualification. I understand that there is also an agreement between Northern Ireland and Great Britain over such recognition. I think, on balance, that devolution of powers to Scottish Ministers on road safety matters is positive only if—as seems possible—there are safer roads.

[Lady Saltoun of Abernethy]

My Lords, I just want to raise one little matter about the drafting of Amendments 48 and 49 tabled by the noble Lord, Lord Forsyth. Surely it would be better if the provisions to set penalties for drink-driving and for random breath-testing were put in Clause 24, which concerns drink-driving, rather than in Clause 25, which concerns speeding.

[Lord Steel of Aikwood]

My Lords, where I disagree with my noble friend Lord Forsyth is in our attitude to devolution as a whole. I would sign up for what is called “devo-plus”. I define that as meaning the greatest amount of devolution consistent with common sense. When we come to debate financial issues I will say more about that, in the light of Prime Minister Cameron's recent utterances in Scotland. Given that we are likely to come back to the issue in future legislation, if we take a definition of “consistent with common sense”, I say with great respect to my colleagues who served on the Calman commission that I am not certain that different categories of air guns, different drink-driving limits or different speed limits are consistent with common sense, and we would do better to remove them altogether.

My noble friend referred to those who live on the border. When I was first elected to the Commons, my constituency boundary was the English/Scottish border. My nearest railway station is across the border. When I come to your Lordships' House by train, which I do from time to time, I have to travel across the border. Let us suppose, although it is unlikely, that the Scottish Government decided to keep the drink-driving limit higher than it is in England, and let us suppose that I repaired to that excellent institution, the Cross Keys Inn in Ettrickbridge, before setting out on my journey. I could then find myself within the law for the first part of my journey and then fall foul of the law for the second part. A much more likely scenario would be that I met my noble friend Lord Forsyth on the train going north and we had a meal and a convivial glass of wine. I could then be perfectly legal on leaving the station and suddenly illegal as I neared my home. This is not consistent with common sense. When we come to a future Scotland Bill, I hope that we might drop these issues and deal with more substantial devolution questions that are of greater interest to the Scottish people.

--- Later in debate ---

[Lord Foulkes of Cumnock]

That is a very interesting point. I had not thought about it. It needs some time to be thought about. Perhaps, by the time we get to the end of this debate, my former honourable friend could answer his own question, because he is a barrister and has more understanding and knowledge of these matters than me.

At the very least, I accept the suggestion of my noble friend Lord Browne—I shall name him now—that perhaps my amendment has gone a little too far by proposing that Scottish Ministers should get the approval of the UK Government, but at least they should consult them. At least, the Foreign Office should know when Scottish Ministers go overseas and give them help. After all, I found that the Foreign Office could give even Ministers in the Department for International Development advice, guidance and help in relation to our travel overseas.

I worry about the pretence of independence. It was the noble Lord, Lord Steel of Aikwood, who said that Scotland is in danger of sleepwalking into separation and he is absolutely right. We in this House get attacked as old fogeys—all this ageism—and as being non-elected. It does not matter that, for 40 years, I was an elected member either as a councillor, an MP or an MSP—they have forgotten all about that—but now, in here, we have no right, according to some of the cybernats, to talk about it. Perhaps we do not have a right in that sense, but we have a responsibility to warn people about sleepwalking into separation. The pretence that there is no difference between devolution and independence, that we are effectively already there and just have to take that little further step, is not helpful.

I urge us all in this argument—I have used just one example—to be bold. We should not be defensive about this union. This has been the most successful political and economic union anywhere in the world and we should be proud of it.

[Lady Saltoun of Abernethy]

My Lords, the amendment of noble Lord, Lord Foulkes, says,

“obtain consent to the discussions from a Minister of the Crown”.

Should he not be specific about which Minister? Would it not be better to say the Secretary of State for Foreign Affairs?

[Lord Foulkes of Cumnock]

The noble Lady, Lady Saltoun of Abernethy, is absolutely right. The amendment was written rather hastily. It could benefit from that redrafting and it could benefit from the redrafting that my noble friend Lord Browne suggested to me privately—it is not private anymore, I know. If we were to discuss it further on Report and I was to table it again, it would certainly incorporate changes of that kind.

Fixed-term Parliaments Bill

Lady Saltoun of Abernethy Excerpts

Tuesday 15th March 2011 Lords Chamber

[Lord Rennard]

The noble Lord, Lord Pannick, makes a very good point, which I made when we discussed the issue in general without being able to decide the precise terms. I have always thought that weekends are probably better for voting than weekdays. I accept that it would be a problem in principle if some people felt that either Saturday or Sunday was an objectionable day when it came to them going out to vote. It would be rather good to say that a Saturday or a Sunday could be polling day—that is, two days. However, the hours could be more limited, as I do not think that polling would need to last from 7 am until 10 pm. I think that this should be the subject of proper debate and scrutiny. It may be that polling hours of 9 am to 6 pm will be very suitable on a Saturday and Sunday. The only objection to this that has been raised in the past is rather absurd and it has come from the electoral administrators. They said that there would be problems with security at the ballot boxes over a Saturday night into a Sunday. However, in the European elections we vote on a Thursday. The ballot boxes are sealed on the Thursday night and counted on the Sunday evening. Therefore, I do not believe that that is a significant problem. Indeed, I believe that many people who work in the electoral administration process would welcome the opportunity to work on a Saturday or a Sunday.

[Lady Saltoun of Abernethy]

My Lords, I do not know but I would not be at all surprised if it turned out that people much preferred to vote on a weekday, possibly taking a bit of time off work or arriving later for work, than have their football or whatever interfered with on a Saturday or a Sunday.

[Lord Rennard]

My Lords, few football matches last for nine hours on a Saturday and nine hours on a Sunday. I think that there would be plenty of opportunity to vote over a weekend. Some people may be in the privileged position of being able to take time off work on polling day but I do not think that many employers would take kindly to people saying, “I’d rather go and vote than work for you”. I think that that is why so few people among the working-age population vote and why a disproportionate number of retired people vote in elections compared with those of a working age.

Parliamentary Voting System and Constituencies Bill

Lady Saltoun of Abernethy Excerpts

Monday 17th January 2011 Lords Chamber

[Baroness Butler-Sloss]

My Lords, perhaps I may be permitted to put forward, with some diffidence, a perception from a Cross-Bencher, because the Cross-Benchers have been referred to. I think it is known that the Cross-Benchers actually listen to the arguments and we vote according to what we believe are the better arguments. But when a debate on one amendment takes three and three-quarter hours and is not followed by asking the House to decide on it, that is the point at which the Cross-Benchers wonder—I personally wonder and I believe I am not alone—what is actually going on.

[Lady Saltoun of Abernethy]

My Lords, I wonder if I could ask a brief question: what is all the hurry about? Why do we have to have a referendum this May? Why can we not wait and have it in a year’s time, or at any time? This is something that is too important to rush, as we are doing.